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Minnesota Statutes 245D.09 — Staffing Standards (HCBS Services Standards)
MinnesotastatuteMinnesota Legislature / Department of Human Services (licensing)
What this rule requires your agency to do
- 1The license holder must develop a staff orientation and training plan documenting when and how compliance with subdivisions 4, 4a, and 5 will be met (subd. 8).(Minnesota Statutes 245D.09 — Staffing Standards (HCBS Services Standards))
- 2Before unsupervised direct contact with a person (or when plans/procedures are revised), the staff person must review and receive instruction on that person's individual needs, support plan/addendum, abuse prevention plan, medication procedures, medical-equipment operation, and (for serious mental illness) crisis response/de-escalation/suicide intervention (subd. 4a(a)-(f)).(Minnesota Statutes 245D.09 — Staffing Standards (HCBS Services Standards))
- 3Unlicensed staff may perform medication setup or administration only after successful completion of medication training (curriculum developed by an RN or licensed health professional) that includes an observed skill assessment; administration must be taught by an RN/CNS/CNP/PA/physician when the person's health condition requires specialized supervision (subd. 4a(d)).(Minnesota Statutes 245D.09 — Staffing Standards (HCBS Services Standards))
- 4Within 60 calendar days of hire, the license holder must provide and ensure completion of program orientation combining supervised on-the-job training with instruction in the enumerated areas (job functions/incident reporting, policies/procedures, data privacy/HIPAA, service recipient rights, maltreatment reporting, person-centered planning, emergency manual restraint, prohibited procedures, basic first aid, sexual-violence risk minimization, and other support-plan topics) (subd. 4).(Minnesota Statutes 245D.09 — Staffing Standards (HCBS Services Standards))
- 5When using subcontractors, temporary staff, or volunteers, the license holder must ensure they meet all applicable chapter 245D requirements (training, orientation, supervision, licensing) and that a background study has been completed under sections 245C.03, subd. 1, and 245C.04, maintaining documentation (subd. 6 and 7).(Minnesota Statutes 245D.09 — Staffing Standards (HCBS Services Standards))
- 6Maltreatment-reporting orientation (section 245A.65/245A.66/626.557 and chapter 260E) must be provided within 72 hours of first providing direct contact services and annually thereafter (subd. 4(5)).(Minnesota Statutes 245D.09 — Staffing Standards (HCBS Services Standards))
- 7The license holder must provide annual training to direct support staff on the topics in subd. 4, clauses (3) to (11) (first aid exempt if certification remains current) (subd. 5).(Minnesota Statutes 245D.09 — Staffing Standards (HCBS Services Standards))
- 8The license holder must ensure direct support staff are competent through training, experience, and education, must verify and maintain evidence of staff competency (education/experience qualifications, demonstrated competency via knowledge testing or observed skill assessment, and periodic performance evaluations based on direct observation); staff under 18 may not perform overnight duties (subd. 3).(Minnesota Statutes 245D.09 — Staffing Standards (HCBS Services Standards))
Applies to: personal care
Sets the staffing, supervision, staff-qualification/competency, orientation (program and individual service-recipient), medication-administration training, annual training, subcontractor/volunteer, and orientation-and-training-plan requirements a chapter 245D HCBS license holder must meet for direct support staff.
Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.